New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-24
SOuE NECESSARY CHANGES ~ THE
CRIMINAL Law.

SOuE NECESSARY CHANGES ~ TIE
CEININ4L Law.
Jacob >harp's desperate efforts to escape inc
punishment of his proven crimes have Afforded
the public an excellent opportunity OF StucylnI
the laws which now govern criminal cases
during the progress of appeals. Sharp has
bccn able t. command some Of the best legal
talent in Newly ork. and il /, safe to say that
their resources have been fully employed IN
his service They have kept him out OF sing
S;ur. ard there can be- itlo doubt that, bad
his case aroused less public sentiment, they
would have succeeded in turning him into
the streets in accomplishing that result
,o..i,lo f. any criminal rich enough 10 make
,hc hght whom the key OF pablc OPINION h"N
not confined they would have ay'od cn'irc'!
within the law.
Obviously, then. the law should be changed.
The fountain Of the law is the popular VIII,
and il does not intend that such triycSueS oil
Justice ~ this shall be possible 1t does IN
tend tina, every proper safeguard Of innocence
shall be thrown about person accused OF
crime. and certainly it, expression OF tins
purpose in the prevailing Ia" l. ample. u
proyldcs that he shall be brought 10 trial only
upOn the indictment of 4 large and Unbiased
body Of citizens who. ~ Grand jury, hear
the evidence against him 1t requires that
his case shall be determined only by jury
Of twelve Of his coW-cltzcns, who can con-
Wet him only by unanimous verdict. 1t
presume, hi, innocence, gives him the right Of
twenty, and in capital cases Of thirty per
cmptory challenges and reserves Tor his ben
Cit any reasonable doubt Of his guilt left by
IL r athi
Even when one by one all these advantages
have proven Of no ayah and his guilt IS pro-
claimed in a Jrys vcfdlct, The law - still
mcrcllul
Bat the interest, Of Justice require that
mercy shall end some where and that guilty
men shall at last be punished. The history
Of the sharp case shows MS just where, III the
present condition of the law, il does end, and
it must be said that the law is much too lcncnt
fol the good Of society. After conviction, any
Of the thiny-thrcc Justices Of our Supreme
Court, no matter how remote his place Of
residence from the county IN which the convlc-
ton was had, can stay the sentence, pending
an appeal to the General Torn, upon no more
substantial excuse than ga reasonable doubt
whether the verdict Will stand" Any Of these
Justices can also, in his discretion, admit the
convict to bah and give him every opportunity
to fec beyond the laws reach. This is clearly
wrong. MUST aud at variance with the popular
wish. But the worst has still to be told.
Even after the General Term has affirmed tho
conviction any member Of the Court OF Appeals
can stay tho sentence again, and again admit
the prisoner to bail. it'll all these Oppor-
tuntics to escape the consequences Of crime,
the wonder is that oonyicts do not even more
frequently succeed in using them.
The law should be changed. In the present
system are two grave wrongs. Cd No judge
whose place Of residence is outside Of the
judicial department in which a conviction is
obtained should have the right to stay "a
sentence. The departments aro all largo
enough to insure the convict a fair hearing
| by Judge beyond the reach Of adverse local
prejudice, and it is not right that a judge
sitting on Long Island should have the power
to stay a conviction obtained in st. Lawrence
or Chautanqua. CO. No convict should be adj
mittcd TO bail except as an exercise Of the
highest judicial favor extended in view Of the
eminent probability Of a reversal Of his con-
viction and as this probability can be foretOld
by no authority except that which will sit in
review on his case, all applications for bail,
after sentence has been stayed, should be
made TO the General Term. When that body
has affirmed conviction, the privilege Of
| Appeals has acted in the case.
There ia doubt In the minds Of many able